S.I. No. 287/2023 - Communications (Retention of Data) (Amendment) Act 2022 (Commencement) Order 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th June, 2023.

I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by section 11 (2) of the Communications (Retention of Data) (Amendment) Act 2022 (No. 25 of 2022), hereby order as follows:

1. This Order may be cited as the Communications (Retention of Data) (Amendment) Act 2022 (Commencement) Order 2023.

2. In this Order, “Act of 2011” means the Communications (Retention of Data) Act 2011 (No. 3 of 2011).

3. The 26^th day of June 2023 is appointed as the day on which the following provisions of the Communications (Retention of Data) (Amendment) Act 2022 (No. 25 of 2022) shall come into operation:

(a) section 1;

(b) section 2, other than insofar as that section inserts, in section 1(1) of the Act of 2011, paragraph (d) of the definition of “superior officer”;

(c) sections 3 and 4;

(d) section 5, other than insofar as that section inserts, in section 6 of the Act of 2011 amended by that section, subsections (3) and (4);

(e) section 6, insofar as that section inserts the following in the Act of 2011:

(i) sections 6A and 6B;

(ii) section 6C, other than subsection (4);

(iii) section 6D, other than subsections (4) and (10)(d);

(iv) section 6E;

(v) subsection (1), insofar as it relates to a member of the Garda Síochána, a member of the Permanent Defence Forces and an officer of the Revenue Commissioners, and subsections (2) to (5), of section 6F;

(f) section 7, insofar as that section inserts the following in the Act of 2011:

(i) section 7A, other than subsection (7);

(ii) section 7B, other than subsections (7) and (14)(d);

(iii) section 7C, other than subsection (7);

(iv) section 7D, other than subsections (7) and (14)(d);

(g) section 8, insofar as that section inserts the following in the Act of 2011:

(i) sections 12A to 12F;

(ii) subsection (1), insofar as it relates to the Garda Commissioner, the Chief of Staff of the Defence Forces and the Chairman of the Revenue Commissioners, subsection (2) and subsection (3) of section 12G;

(iii) section 12H;

(iv) section 12I (insofar as it relates to a member of the Garda Síochána, a member of the Permanent Defence Forces and an officer of the Revenue Commissioners);

(v) section 12J;

(h) sections 9, 10 and 11.

GIVEN under my Official Seal,

6 June, 2023.

HELEN MCENTEE,

Minister for Justice.